State immunity
From ACT Wiki
Law - international law - sovereignty.
State immunity is the doctrine that protects countries from legal proceedings in the courts of any other country.
- Equality of states
- "State immunity - also known as sovereign immunity - derives from the theory of the sovereign equality of states.
- Therefore one state has no right to judge the actions of another by the standards of its national law.
- It protects an entity in two ways: by conferring immunity from adjudication (also known as immunity from suit) and by conferring immunity from enforcement and execution.
- If a party is immune from adjudication, the court will be prevented from considering claims against that party and awarding a judgment or declaring rights and obligations against it.
- If a party is immune from enforcement and execution, the court will be prevented from recognising a foreign judgment or an arbitral award against the immune party and from making and executing orders or injunctions against it.
- International attitudes towards state immunity vary."
- Adapted from Ashurst - news and insights.
